Pew v. Wetzel et al
| Perry Burris, Shawn Strawn, Edward Wright and Alfonso Percy Pew |
| Lt. Vance, Heather Halderman, Sharon Clark, John Wetzel, Lt. Sherman, Dorina Varner, Phillips, Ms. Abbey Wasson, Nikki Paul, John and Jane Doe(s), Mark Garman, Trisha Pilosi and Brian Makosy |
| 1:2021cv00421 |
| March 8, 2021 |
| U.S. District Court for the Middle District of Pennsylvania |
| Matthew W Brann |
| Martin C Carlson |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1441 Petition for Removal |
| Plaintiff |
Docket Report
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| Filing 60 CERTIFIED ORDER of USCA in lieu of formal MANDATE as to #58 Notice of Appeal, filed by Alfonso Percy Pew (RL) |
| Filing 58 NOTICE OF APPEAL in PRISONER Case as to #57 Order Adopting Report and Recommendation filed by Alfonso Percy Pew. Filing Fee and Docket Fee not paid. Filing fee $ 505. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (lg) |
Filing 57
ORDER ADOPTING REPORT AND RECOMMENDATION - IT IS HEREBY ORDERED that #55 Magistrate Judge Carlson's Report and Recommendation is adopted; #45 Defendants' Motion to Dismiss is granted; #44 Pew's amended complaint is dismissed; Clerk directed to close this case. Signed by Chief Judge Matthew W. Brann on 2/18/2022. (Case closed.)(lg)
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| Filing 56 OBJECTIONS by Alfonso Percy Pew to #55 Report and Recommendation. (Attachment: #1 Exhibit)(lg) |
| Filing 55 REPORT AND RECOMMENDATION re #45 MOTION to Dismiss - IT IS RECOMMENDED that the defendants motion to dismiss, be GRANTED and Pews amended complaint be DISMISSED without prejudice to Pew filing separate complaints relating to what seem to be factually distinct claims. Signed by Magistrate Judge Martin C. Carlson on December 15, 2021. (kjn) |
| Filing 54 OBJECTIONS by Alfonso Percy Pew to #53 Order on Motion for extension of time to file brief.(nr) |
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Filing 53
ORDER - The pltf has now filed a motion seeking an extension of that schedule and requesting that we provide him with a copy of his amended complaint. (Doc. #51 ). IT IS ORDERED that the plaintiff directed to respond to this defense motion on or before November 8, 2021. Pursuant to Local Rule 7.7 the movants may then file reply briefs on or before November 22, 2021. Signed by Magistrate Judge Martin C. Carlson on October 12, 2021. (kjn)
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| Filing 52 NOTICE of Change of Address by Alfonso Percy Pew (address updated to SCI Phoenix). (lg) |
| Filing 51 MOTION for Extension of Time to File Brief to #45 MOTION to Dismiss and request for copy of amended complaint filed by Alfonso Percy Pew.(lg) |
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Filing 50
ORDER granting #48 MOTION for Extension of Time. IT IS ORDERED that the plaintiff directed to respond to this defense motion on or before November 8, 2021. Pursuant to Local Rule 7.7 the movants may then file reply briefs on or before November 22, 2021. Signed by Magistrate Judge Martin C. Carlson on October 6, 2021. (kjn)
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| Filing 49 STATUS REPORT by Alfonso Percy Pew. (rw) |
| Filing 48 MOTION for Extension of Time to File Brief to MOTION #45 to Dismiss filed by Alfonso Percy Pew.(rw) |
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Filing 47
ORDER re #45 MOTION to Dismiss filed by Phillips, Trisha Pilosi, Mark Garman, Sharon Clark, Nikki Paul, Ms. Abbey Wasson, Brian Makosy, Lt. Sherman, Dorina Varner, John Wetzel, Lt. Vance, Heather Halderman, Set/Reset Deadlines as to #45 MOTION to Dismiss . IT IS ORDERED that the plaintiff directed to respond to this defense motion on or before October 8, 2021. Pursuant to Local Rule 7.7 the movants may then file reply briefs on or before October 22, 2021. Signed by Magistrate Judge Martin C. Carlson on September 24, 2021. (kjn)
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| Filing 46 BRIEF IN SUPPORT re #45 MOTION to Dismiss filed by Sharon Clark, Mark Garman, Heather Halderman, Brian Makosy, Nikki Paul, Phillips, Trisha Pilosi, Lt. Sherman, Lt. Vance, Dorina Varner, Ms. Abbey Wasson, John Wetzel.(Blake, Jonathan) |
| Filing 45 MOTION to Dismiss by Sharon Clark, Mark Garman, Heather Halderman, Brian Makosy, Nikki Paul, Phillips, Trisha Pilosi, Lt. Sherman, Lt. Vance, Dorina Varner, Ms. Abbey Wasson, John Wetzel. (Attachments: #1 Proposed Order)(Blake, Jonathan) |
| Filing 44 AMENDED COMPLAINT filed by Alfonso Percy Pew. (Attachments: #1 Appendix)(kjn) |
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Filing 43
ORDER granting #37 Motion to Amend/Correct - IT IS ORDERED that the motion is GRANTED and Pews amended complaint, (Docs. 37-1 and 37-2) will be lodged as the amended complaint in this action. The defendants shall respond to this amended complaint as provided for by the Federal Rules of Civil Procedure. Signed by Magistrate Judge Martin C. Carlson on August 23, 2021. (kjn)
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| Filing 42 Mail Returned as Undeliverable. 7/7/2021 Order sent to Shawn Strawn, envelope states "Refused, unable to forward". (Per docket entry 29, Inmate was released June 2020, No updated address) (nr) |
| Filing 41 RESPONSE by Sharon Clark, Mark Garman, Heather Halderman, Brian Makosy, Nikki Paul, Phillips, Trisha Pilosi, Lt. Sherman, Lt. Vance, Dorina Varner, Ms. Abbey Wasson, John Wetzel to #37 MOTION to Amend/Correct . (Blake, Jonathan) |
| DOCKET ANNOTATION: Doc #38 replaced to correct typographical error. NEF regenerated. (jr) |
| Filing 40 OBJECTIONS to Magistrate Judge Carlson's Order #39 , filed by Alfonso Percy Pew. (rw) |
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Filing 39
ORDER - Upon consideration we conclude that the following motions for extension of time are now MOOT and should be DISMISSED: Docs. #32 , #34 and #35 . As for Pews motion to amend his complaint, (Doc. 37), IT IS ORDERED that the defendants respond to this motion on or before July 21, 2021. The plaintiff may then file a reply brief in support of this motion on or before August 4, 2021. Signed by Magistrate Judge Martin C. Carlson on July 7, 2021. (kjn)
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Filing 38
ORDER ADOPTING REPORT AND RECOMMENDATION - IT IS HEREBY ORDERED that #31 Magistrate Judge Carlson's Report and Recommendation is adopted in full; #6 Motion to Dismiss is granted without prejudice as to Plaintiff's Burris, Strawn and Wright; this matter is referred back to Magistrate Judge Carlson. Signed by Honorable Matthew W. Brann on 7/7/2021. (lg) (Main Document 38 replaced on 7/21/2021) (jr).
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| CASE REFERRED to Magistrate Judge Martin C. Carlson. (lg) |
| Filing 37 MOTION (Entitled Brief In Support) to Amend/Correct by Alfonso Percy Pew. (Attachments: #1 Proposed Amended Complaint part I, #2 Part II)(ep) Modified on 6/23/2021 (ep). |
| Filing 36 STATUS REPORT filed by Alfonso Percy Pew. (pjr) |
| Filing 35 MOTION for Extension of Time to Allow Legal Mail to Arrive at Court, filed by Alfonso Percy Pew. (Attachments: #1 Attachment)(rw) |
| Filing 34 MOTION for Extension of Time by Edward Wright.(rw) |
| Filing 33 Mail Returned as Undeliverable. Doc. #2, "Refused" Mail sent to Shawn Strawn (ga) |
| DOCKET ANNOTATION: Doc. 17 deleted as duplicative. (rw) |
| Filing 32 MOTION for Extension of Time to File Brief filed by Alfonso Percy Pew . (Attachments: #1 Exhibits)(rw) Modified on 5/17/2021 (rw). |
| Filing 31 REPORT AND RECOMMENDATION - IT IS RECOMMENDED that the defendants motion to dismiss (Doc. #6 ), be GRANTED and this complaint be DISMISSED as to plaintiffs Burris, Strawn, and Wright, without prejudice to the filing of separate individual complaints by these inmate-plaintiffs. Objections to R&R due by 5/21/2021. Signed by Magistrate Judge Martin C. Carlson on May 7, 2021. (kjn) |
| Filing 30 Mail Returned as Undeliverable. Mail sent to Shawn Strawn containing Doc 19, mail was refused. Inmate released, no forwarding address. (ibr) |
| Filing 29 Mail Returned as Undeliverable. Mail sent to Shawn Strawn containing Doc 13 was refused. Spoke with SCI Rockview and Strawn was released June 2020. No updated address, unable to forward. (ibr) |
| Filing 28 Letter to Court from Alfonso Pew re case. (aaa) |
| VERBAL ORDER REASSIGNING CASE - Case reassigned to Honorable Matthew W. Brann and referred to Magistrate Judge Martin C. Carlson as one or more parties have not consented to the jurisdiction of a U.S. Magistrate Judge. (jkc) |
| Filing 27 Mail Returned as Undeliverable. Mail sent to Shawn Strawn containing Doc. 23 was refused. Mail was not resent. (ibr) |
| Filing 26 Mail Returned as Undeliverable. Mail sent to Shawn Strawn containing Doc. 8 was refused. Mail not resent. (ibr) |
| Filing 25 Mail Returned as Undeliverable. Mail sent to Shawn Strawn containing Doc. 19 was refused. Mail resent. (ibr) |
| Filing 24 OBJECTIONS by Alfonso Percy Pew to #19 Order on Motion for Extension of Time to File Response/Reply Briefs. (Attachments: #1 Exhibits, #2 Brief in Support of Objections)(lg) |
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Filing 23
ORDER denying #21 request to appoint counsel, at this time without prejudice to re-examining this issue at the request of each individual plaintiff, or sua sponte, as this litigation progresses. Accordingly, each plaintiff is ORDERED that he must individually file any motions seeking appointment of counsel. In addition each plaintiff must also individually respond to this motion to dismiss on or before May 4, 2021. Pursuant to Local Rule 7.7 the movants may then file reply briefs on or before May 18, 2021. Signed by Magistrate Judge Martin C. Carlson on April 20, 2021. (kjn)
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| Filing 22 BRIEF IN SUPPORT re #21 MOTION to Appoint Counsel MOTION to Appoint ad Litem filed by Alfonso Percy Pew. (lg) |
| Filing 21 MOTION to Appoint Counsel, MOTION to Appoint Guardian ad Litem by Alfonso Percy Pew.(lg) |
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Filing 20
ORDER - Each plaintiff is ORDERED that he must individually to respondto this motion to dismiss #6 on or before May 4, 2021. Pursuant to Local Rule 7.7 the movants may then file reply briefs on or before May 18, 2021. Pews motion for a video conference (Doc. #15 ) is DENIED without prejudice to further consideration once the motion to dismiss is resolved. Signed by Magistrate Judge Martin C. Carlson on April 19, 2021. (kjn)
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Filing 19
ORDER denying as moot #18 Motion for Extension of Time to File Response/Reply. Signed by Magistrate Judge Martin C. Carlson on April 14, 2021. (kjn)
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| Filing 18 MOTION for Extension of Time to File Brief to Defendant's Motion #6 to Dismiss filed by Perry Burris.(rw) |
| Filing 17 Letter from Perry Burris, RE: Case. (rw) |
| Filing 16 BRIEF IN SUPPORT, re: MOTION #15 for Video Conference filed by Alfonso Percy Pew. (Attachments: #1 Exhibits)(rw) |
| Filing 15 MOTION for Video Conference, filed by Alfonso Percy Pew.(rw) |
| Filing 14 Letter from Plaintiff, Alfonso Percy Pew, RE: Case. (rw) |
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Filing 13
ORDER - Accordingly, the motion for extension of time, (Doc. 9), is GRANTED and IT IS ORDERED as follows: The plaintiffs are directed to respond to this motion on or before May 4, 2021. Pursuant to Local Rule 7.7 the movants may then file reply briefs on or before May 18, 2021. Signed by Magistrate Judge Martin C. Carlson on April 6, 2021. (kjn)
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| Filing 12 Mail Returned as Undeliverable. Mail sent to Shawn Strawn containing Doc. 8 was return to sender. Mail resent. (ibr) |
| Filing 11 RESPONSE by Sharon Clark, Mark Garman, Heather Halderman, Brian Makosy, Nikki Paul, Phillips, Trisha Pilosi, Lt. Sherman, Lt. Vance, Dorina Varner, Ms. Abbey Wasson, John Wetzel to Plaintiff's Motion to Stay. (Attachments: #1 Proposed Order)(Blake, Jonathan) |
| Filing 10 BRIEF IN SUPPORT re #9 MOTION to Stay re #6 MOTION to Dismiss filed by Alfonso Percy Pew.(ao) |
| Filing 9 MOTION to Stay re #6 MOTION to Dismiss by Alfonso Percy Pew.(ao) |
| Filing 8 CONSENT FORM SENT (For Direct Assignment Cases to Magistrate Judges) to Perry Burris, Sharon Clark, John and Jane Doe(s), Mark Garman, Heather Halderman, Brian Makosy, Nikki Paul, Alfonso Percy Pew, Phillips, Trisha Pilosi, Lt. Sherman, Shawn Strawn, Lt. Vance, Dorina Varner, Ms. Abbey Wasson, John Wetzel, Edward Wright YOU MUST SAVE THIS FORM TO YOUR DESKTOP. THEN OPEN THE SAVED FORM AND COMPLETE THE REQUIRED SECTIONS. DO NOT FILE THIS FORM IN THE CLERKS OFFICE. THE FORM MUST BE E-MAILED TO [email protected] OR IF YOU ARE NOT AN ECF REGISTERED USER, THEN MAIL THE FORM TO Clerks Administrative Assistant, Clerks Office, P.O. Box 1148, Scranton, PA 18501-1148. Consent Form due by 4/26/2021. (kjn) |
| Filing 7 BRIEF IN SUPPORT re #6 MOTION to Dismiss filed by Sharon Clark, Mark Garman, Heather Halderman, Brian Makosy, Nikki Paul, Phillips, Trisha Pilosi, Lt. Sherman, Lt. Vance, Dorina Varner, Ms. Abbey Wasson, John Wetzel.(Blake, Jonathan) |
| Filing 6 MOTION to Dismiss by Sharon Clark, Mark Garman, Heather Halderman, Brian Makosy, Nikki Paul, Phillips, Trisha Pilosi, Lt. Sherman, Lt. Vance, Dorina Varner, Ms. Abbey Wasson, John Wetzel. (Attachments: #1 Proposed Order)(Blake, Jonathan) |
| Filing 5 WAIVER OF SERVICE Returned by Ms. Abbey Wasson, Heather Halderman, Phillips, Trisha Pilosi, Sharon Clark, Dorina Varner, Lt. Sherman, Nikki Paul, Lt. Vance, Mark Garman, Brian Makosy, John Wetzel. Ms. Abbey Wasson waiver sent on 3/9/2021, answer due 5/10/2021; Heather Halderman waiver sent on 3/9/2021, answer due 5/10/2021; Phillips waiver sent on 3/9/2021, answer due 5/10/2021; Trisha Pilosi waiver sent on 3/9/2021, answer due 5/10/2021; Sharon Clark waiver sent on 3/9/2021, answer due 5/10/2021; Dorina Varner waiver sent on 3/9/2021, answer due 5/10/2021; Lt. Sherman waiver sent on 3/9/2021, answer due 5/10/2021; Nikki Paul waiver sent on 3/9/2021, answer due 5/10/2021; Lt. Vance waiver sent on 3/9/2021, answer due 5/10/2021; Mark Garman waiver sent on 3/9/2021, answer due 5/10/2021; Brian Makosy waiver sent on 3/9/2021, answer due 5/10/2021; John Wetzel waiver sent on 3/9/2021, answer due 5/10/2021. (Blake, Jonathan) |
| Filing 4 NOTICE of Appearance by Jonathan M. Blake on behalf of Sharon Clark, Mark Garman, Heather Halderman, Brian Makosy, Nikki Paul, Phillips, Trisha Pilosi, Lt. Sherman, Lt. Vance, Dorina Varner, Ms. Abbey Wasson, John Wetzel (Blake, Jonathan) |
| Filing 3 COUNTY COURT RECORD from Cumberland County Court of Common Pleas. (Attachments: #1 part two, #2 part three, #3 part four, #4 part five)(aaa) |
| Filing 2 PRO SE LETTER ISSUED. (Attachments: #1 Instruction Sheet, #2 Fed & Local Rules, #3 398 Form, #4 399 Form) Letter and attachments forwarded to all plaintiffs, including Edward Wright who is currently incarcerated at SCI-Somerset. (lp) |
| Filing 1 NOTICE OF REMOVAL by John Wetzel, Sharon Clark, Ms. Abbey Wasson, Heather Halderman, Dorina Varner, Lt. Sherman, Phillips, Lt. Vance, Nikki Paul, Mark Garman, John and Jane Doe(s), Brian Makosy, Trisha Pilosi from Court of Common Pleas of Cumberland County, case number 2019-04948. (Filing fee $ 402 receipt number APAMDC-5505135), filed by John Wetzel, Sharon Clark, Ms. Abbey Wasson, Heather Halderman, Dorina Varner, Lt. Sherman, Phillips, Lt. Vance, Nikki Paul, Mark Garman, John and Jane Doe(s), Brian Makosy, Trisha Pilosi. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B)(lp) Modified on 3/8/2021 (lp). Modified on 3/9/2021 (lp). |
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